Scots College: Trustees acted invalidly says former NSW judge

The trustees of the Presbyterian Church acted with "fundamental jurisdictional error" in removing the Scots College school council to save the job of principal Ian Lambert, a former NSW judge says.

In February, the Presbyterian Church removed the ruling council of the Bellevue Hill school over "governance concerns" after the council decided not to renew the contract of Dr Lambert. The newly installed management committee, stacked with senior church figures, subsequently renewed Dr Lambert's contract as "the first priority".

Church takes over The Scots College

The Presbyterian Church has dismissed the entire ruling council of exclusive Sydney private school The Scots College after concerns about the school's governance.

On Tuesday, letters will be sent to delegates around the state advising of an emergency meeting to settle the conflict that has divided the church.

In documents prepared for the former council and obtained by Fairfax Media, former NSW Court of Appeal judge Ken Handley, who retired in 2012, argues that the trustees of the Presbyterian Church did not have the power to intervene merely because they disagreed with the council's decision not to renew the headmaster's contract.

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Mr Handley said that the financial position of the college was "extremely sound", and that the trustees showed a "lack of interest" in the current financial situation of the college at a meeting a week before it dismissed the council.

Mr Handley said that the possibility of adverse financial changes in the future were "mere speculation without any objective basis in existing fact".

The school council of the institution, famous for its state-of-the-art sporting equipment including a $100,000 high-altitude elite training facility, was formerly comprised of academics, bankers and lawyers. The sandstone institution counts billionaire Harry Triguboff and artist Brett Whiteley among its alumni.

The replacing of the council and the move to renew Dr Lambert's contract came after concerns had been raised by members of the school community about rising fees and appointments made during Dr Lambert's tenure.

In February, Fairfax Media revealed that, under Dr Lambert, Scots promoted six staff members from his former school in Western Australia, including his brother-in-law, to senior executive positions in the finance, boarding, early learning, administration and marketing faculties of Scots College.

The Herald is not suggesting that any of the appointments were unqualified for their positions. It is understood that a number of staff were not at the former school of Dr Lambert during his employment there.

The Federal Department of Education has advised that it is monitoring the situation.

The emergency general meeting of the Presbyterian Church is scheduled to take place on April 6.